DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/1743)

KERALTON PLUMBING & DRAINAGE CONTRACTORS AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 28 JULY 2016

Application for approval of the Keralton Plumbing & Drainage Contractors and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Keralton Plumbing & Drainage Contractors and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, sought approval of the Keralton Plumbing & Drainage Contractors and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019. The application for approval arose from the need to ensure the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement complied with the procedural and substantive requirements set forth by the Fair Work Act. This included verifying that the agreement was fairly negotiated and contained minimum terms and conditions as mandated by the Act. The Commission needed to ensure that the agreement was not less favourable than the relevant industrial instrument and that it was appropriately certified.

The Commission determined that the agreement met the necessary procedural and substantive requirements. The union demonstrated that the agreement was the product of good faith bargaining and was appropriately certified. Furthermore, the terms of the agreement were not less favourable than the applicable awards or agreements. The Commission found that all minimum entitlements required by the Act were included, and the agreement did not contravene any provisions of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Keralton Plumbing & Drainage Contractors and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015-2019, effective from the date of the decision. This approval ensures that the agreement can be implemented as a legally binding enterprise agreement between the parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established